A question on a fender bender

[RustRunner]

I had just gotten to school and was leaning on my truck watching traffic and talking to my friends, as usual. The area I park in is a traditionally back-in only, tho some idiots nose in and wonder why they can't get back out. Anyways, this green Eclipse takes position to grab the last spot available. Reverse lights come on and I see a black Maxima roll into frame. Both cars were moving when the predictable fender bender happened. The only damage was paint transfer and maybe a broken fiberglass bumper, no lights or anything. The two kids decided it best to just let this one go, so no police were called. I ask you, GTPlanet, Who's at fault, the Maxima for trying to go around the Eclipse(which is a common idiot mistake here, I've nearly gotten mirrors added to my truck's bumper from people doing this) or is it the Eclipse's fault for not looking where he was backing? Also, should the police have been summoned for such a minor incident?

 

[Boundary Layer]

Based on that description it's kinda hard to say... it's lacking some detail in the area of timing, speeds, and how far along into the parking process the Eclipse was, etc

Traditionally, parking lot accidents between two cars in motion are assumed 50% fault of both parties involved (here anyways) because normal traffic rules are difficult to apply - and that's exactly how I see this. If both cars are travelling at a reasonable 'parking lot' speed there's no reason they couldn't have stopped before hitting. Personally, I think the Maxima should have yielded if they realized the Eclipse was in the process of parking.

 

[ROAD_DOGG33J]

Based on that description it's kinda hard to say... it's lacking some detail in the area of timing, speeds, and how far along into the parking process the Eclipse was, etc

Traditionally, parking lot accidents between two cars in motion are assumed 50% fault of both parties involved (here anyways) because normal traffic rules are difficult to apply - and that's exactly how I see this. If both cars are travelling at a reasonable 'parking lot' speed there's no reason they couldn't have stopped before hitting. Personally, I think the Maxima should have yielded if they realized the Eclipse was in the process of parking.

I will agree. x4

 

[Parnelli Bone]

Yeah, i'd have to have seen what happened. I'm having trouble picturing that.

 

[somebody]

I know of a similar incident here in Sydney. The police were called (it was actually quite a hard hit) but recorded it as 'unable to attribute fault to driver'. The insurance company, however, found the driver reversing had the right of way as they had their reverse lights on, had their indicator on, and had left enough room prior to the other car arriving.

 

[Perfect Balance]

My school parking lot is a breeding ground for people that can't drive. 3 people have hit my friends miata from there, and today was a very very close 4th. We were standing there in a line waiting to drive out, and the gran prix's reverse lights in front of him come on and the car jerks back very quickly, and friend had to react so quick that I actually thought the car hit him from the motion his car made.

on topic: I think it's actually more the maximas fault. He should realize that cars don't usually stop like that in the middle of parking lots unless they are going to back up.

 

[GilesGuthrie]

The police are only required where there is injury (or worse) or the fault is contested. Minor bumps like this don't need police attention.

 

[Duke]

In the States, most police won't even investigate an accident on private property like a parking lot. I'd say the guy in the Maxima is tactically at fault, because it should have been clear that the Eclipse was reversing to park.

 

[FoolKiller]

This all depends on where it happened.

I know here in Kentucky that in private parking lots police do no place blame on accidents unless there was an actual crime committed, as it is not a state/county road, but most usually private property. They will write up an accident report and then let the insurance companies battle it out based on that.

In my personal experience a woman backed out of a spot and hit my passenger side as I drove by and the officer blatantly told me that they didn't assign blame on the college campus, unless on a public street, and it was up to our insurance to work out.

As for whether police should have been called....only if there is an injury or you want to claim it on your insurance. Otherwise why would you put that on your record? Even if you don't claim it and you weren't at fault your insurance company sees that you had an accident and raises your rates.

Personally, I always call police because you don't want them getting your license number and then coming back with a personal injury lawsuit.

 

[Kylehnat]

I'd fault the Maxima (though this is a school parking lot, where law and reason cease to exist). One of the most basic rules of driving is to not hit anything in front of you.

Personally, I always call police because you don't want them getting your license number and then coming back with a personal injury lawsuit.

True, though should this happen, it gives you an opportunity to grab a golf club, go to the person's house, and make damn sure that they actually have a personal injury to report .

 

[RustRunner]

Based on that description it's kinda hard to say... it's lacking some detail in the area of timing, speeds, and how far along into the parking process the Eclipse was, etc

Traditionally, parking lot accidents between two cars in motion are assumed 50% fault of both parties involved (here anyways) because normal traffic rules are difficult to apply - and that's exactly how I see this. If both cars are travelling at a reasonable 'parking lot' speed there's no reason they couldn't have stopped before hitting. Personally, I think the Maxima should have yielded if they realized the Eclipse was in the process of parking.

The Eclipse's reverse lights were on and he had JUST hit the gas to start backing up. I can tell this because there's a 4" tip on that car. It was wet, if that matters. I don't think there was brake application, but I know there was no common sense application on someone's part. I always give room to cars who'se reverse lights are on or look like they want to pull out, it's just common sense. If they were going more than a sensible speed, the safety bumper on one or both of them wouldn't have popped back, headlights and taillights would be cracked/busted and I'm sure police called over.

My school parking lot is a breeding ground for people that can't drive. 3 people have hit my friends miata from there, and today was a very very close 4th. We were standing there in a line waiting to drive out, and the gran prix's reverse lights in front of him come on and the car jerks back very quickly, and friend had to react so quick that I actually thought the car hit him from the motion his car made.

on topic: I think it's actually more the maximas fault. He should realize that cars don't usually stop like that in the middle of parking lots unless they are going to back up.

Seconded here. If the road's wet, this idiot in a lifted Wrangler, on 36's or 37's, always tries to slide. This defies law, logic and common sense as the Wrangler is probably one of the most tipsy 'utes around stock, and his is lifted. I've seen him get it on three wheels. Today was no differant, he drifted a stop sign nearby. I've seen him nearly slide into many poles. And let's not mention the ricers, they absolutely love getting the ability to burn out...and a bunch of diesel assholes use it as an excuse to do it without ruining their tires.

I'd fault the Maxima (though this is a school parking lot, where law and reason cease to exist). One of the most basic rules of driving is to not hit anything in front of you.

Agreed, especially in a high-school lot with a bunch of newbs that haven't been playing this driving game very long...I once heard of a student that attended my school who went through a car a week one month. Not just fender benders, airbags were deployed in each one.

 

[Crash]

I guess whether to call the police or not depends on the location and situation. Here in Washington state, even if you call the police after an accident, they will not file a police report unless there's been an injury or there's been at least 700 dollars worth of damage to either car or to properties.

 

[Pupik]

This all depends on where it happened.

According to Florida driving laws, a car going in reverse is almost always 100% at fault for an accident, unless DUI or excessive speed can be blamed/proven. If there's two cars going in reverse, and there's no injuries or public property damage, it's a considered "no-fault" accident (a paradoxical term, since both are at fault), and insurance companies can waive coverage in some cases.

The city police tend to incidents on private property; county sherrifs deal with incidents occuring on unincorporated areas. Anything that occurs on public or state roads is dealt with by whatever agency encounters it first (sometimes regardless of jurisdiction) or whoever is dispatched to it.

So my advice is to speak with your insurance company and possibly a lawyer.